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Picture yourself driving
down the road tomorrow,
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heading somewhere to buy
an item you found on Craigslist.
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Perhaps a nice mountain
bike for 3,000 dollars.
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At that price,
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it's probably one of those bikes
with a little electric motor on it --
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(Laughter)
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maybe some streamers from the handle bars.
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(Laughter)
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The sellers declared
this a "cash only" deal,
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so you have, in the console
of your car, 3,000 dollars.
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Suddenly you are pulled over.
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During the stop the officer asks,
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"Do you have any drugs, weapons
or large amounts of cash in your car?"
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You truthfully answer, "yes,"
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not to the drugs or to the weapons,
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but to the cash.
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In the blink of an eye,
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you are ordered out of your car.
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The officer searches
it and finds your cash.
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On the spot, he seizes it and he says
he suspects it's part of a drug crime.
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A few days later,
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the local district attorney files
paperwork to keep your money ...
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permanently.
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And all of this happens
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without you ever being charged
or convicted of any crime.
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Now you might be saying,
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"Ach, this would never
happen in the United States."
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(Laughter)
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Incidents like this occur
every day in our country.
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It's one of the most significant
threats to your property rights
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most people have never even heard of.
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It's called civil forfeiture.
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Most of you are generally aware
of criminal forfeiture,
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although the term itself
might be a little unfamiliar,
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so let's begin with forfeiture.
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When we forfeit something
we give up that thing
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or we're forced to give it up.
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In criminal forfeiture,
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someone is charged
and convicted of a crime
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and therefore they have to give up
property related to that crime.
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For example, suppose you use your car
to transport and deal drugs.
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You're caught and convicted;
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now you have to give up
or forfeit your car
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as part of the sentencing.
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That's criminal forfeiture.
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But in civil forfeiture,
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no person is charged with a crime ...
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the property is charged
and convicted of a crime.
-
(Murmuring)
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You heard that correctly.
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The government actually convicts
an inanimate object with a crime.
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It's as if that thing itself
committed the crime.
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That's why civil forfeiture cases
have these really peculiar names
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like "The United States of America
v. One 1990 Ford Thunderbird."
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(Laughter)
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Or "The State of Oklahoma
v. 53,234 Dollars Cash."
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(Laughter)
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Or my personal favorite:
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"The United States of America
v. One Solid Gold Object
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in the Form of a Rooster."
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(Laughter)
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Now you're thinking:
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how does something like this happen?
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That's exactly what I said
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when I first learned
about civil forfeiture
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while one a road trip with my wife.
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No, we did not get pulled over --
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(Laughter)
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I was reading about the history
of civil forfeiture
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as part of my work as a research
director at the law firm,
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and I came across one of the cases
I just mentioned,
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"The United States of America
v. One 1990 Ford Thunderbird."
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In that case, Carol Thomas
loaned her car to her son.
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While in the car, her son committed
a minor drug crime.
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Carol didn't commit any crime,
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so law enforcement couldn't
convict her and take the car,
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but they could --
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and did --
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use civil forfeiture
to "convict the car" and take it.
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Carol was completely innocent
but she lost her car nonetheless.
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In other words,
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she was punished for a crime
she did not commit.
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When I read this I was gobsmacked.
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How could this occur?
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How is this even legal?
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It turns out it began in our country
with maritime law.
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Early in our republic, the government
sought to fight piracy --
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yes, actual pirates.
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The problem was the government
often couldn't catch the pirates,
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so instead it used civil forfeiture
to convict the pirates' property
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and take it,
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and therefore deny the pirates
their illegal profits.
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Of course, the government
could've simply taken and kept the booty
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without necessarily
using civil forfeiture,
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but doing so would've violated
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our most basic due process
and property rights.
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Now the government rarely used
civil forfeiture until the 1980s
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and the war on drugs.
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We expanded civil forfeiture law
to cover drug crimes,
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and then later, other types of crime.
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Canada and the European Union
adopted similar provisions
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so that now all kinds of people
are ensnared in the forfeiture web.
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People like Russ Caswell.
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Russ Caswell owned a small,
budget motel in Tewksbury, Massachusetts.
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His father built the motel in 1955
and Russ took it over in the 1980s.
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During the years that Russ
owned the motel,
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from time to time,
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people would rent rooms
and they would commit drug crimes.
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Russ didn't condone the activities --
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in fact, whenever he found out about it,
he would immediately call police.
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Russ was entirely innocent of any crime,
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but that did not stop the US Department
of Justice from seizing his motel
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simply because other people
committed crimes there.
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But Russ' case was not alone.
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Between 1997 and 2016,
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the US Department of Justice
took more than 635,000 properties.
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This means each year,
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tens of thousands of people
lose their properties
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in cases in which they're never charged
of convicted of any crime.
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And we're not talking about --
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not necessarily talking about
major drug kingpins
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or headline-grabbing financial fraudsters
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whose cases involve hundreds
of thousands if not millions of dollars.
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Many of these seizures and forfeitures
involve just everyday people
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like Russ Caswell,
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or you,
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or me.
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But it gets worse.
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Are you wondering,
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where does all this cash
and property end up?
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In most places, law enforcement keeps it.
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And they use it to buy equipment,
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or pay for building repairs,
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or even pay salaries and overtime.
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This is a clear conflict of interest.
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It creates a perverse profit incentive
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that can distort law enforcement.
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And this is a problem that's not lost
on those in law enforcement either.
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Former chief of police
in Rochester, Minnesota,
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Roger Peterson,
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described the choice
that police officers often face.
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As he described it,
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suppose I'm a police officer
and I see a drug deal.
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Now I face a choice:
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do I go after the buyer
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and remove from the street illegal drugs,
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or do I go after the seller
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and get cash for my agency to use?
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So it's easy to see why
a police officer might go for the cash.
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It was just such a circumstance
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that compelled police officers
in Philadelphia
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to seize an entire house.
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In 2014, Chris and Markela Sourovelis' son
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sold 40 dollars worth of drugs
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down the street from their house.
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40 dollars.
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The police watched the deal go down.
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They could've arrested the buyer
and confiscated the drugs ...
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but they didn't.
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They could've arrested the Sourovelis' son
right there on the street
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and grabbed 40 dollars ...
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but they didn't.
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They waited to arrest him at home
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because then they could seize
their entire house.
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The house was worth 350,000 dollars.
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That is what I mean
by a perverse profit incentive.
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But the Sourovelis' case was no outlier.
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Philadelphia, the "City
of Brotherly Love,"
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the "Athens of America,"
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the "cradle of liberty,"
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birthplace to the Constitution,
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home to the Liberty Bell
and Independence Hall,
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the "City that loves you back" --
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(Laughter)
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that Philadelphia was running
a forfeiture machine.
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Between 2002 and 2016
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Philadelphia took more than 77 million
dollars through forfeiture,
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including 1200 homes.
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Cars, jewelry, electronics --
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all of it they sold,
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the proceeds they kept,
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and they would've kept right on doing it
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had it not been
for a class-action lawsuit --
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our team's class-action lawsuit --
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(Applause and cheers)
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Thank you.
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We forced them to change
their forfeiture practices
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and to compensate victims.
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(Applause and cheers)
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When our team first began
researching forfeiture in 2007,
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we had no idea how much
forfeiture revenue there was.
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In fact, no one knew.
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It wasn't until our groundbreaking study,
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"Policing for Profit"
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that we found federal law
enforcement agencies have taken in
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almost 40 billion dollars --
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billion with a b --
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since 2001.
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More than 80 percent of that
through civil forfeiture.
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Unfortunately we have no idea
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how much state and local
agencies have taken in
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because in many states,
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they don't have to report it.
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So until we reform forfeiture,
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we'll never know how much
forfeiture activity actually occurs
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in the United States.
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And we desperately need reform.
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Legislatures should
abolish civil forfeiture
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and replace it with criminal forfeiture.
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And all forfeiture proceeds
should go to neutral fund
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such as a general fund.
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When forfeiture proceeds stop hitting
law enforcement budgets directly,
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that is when we will end
policing for profit.
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(Applause)
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Now as you can imagine,
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law enforcement officials
don't love these recommendations.
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(Laughter)
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They stand to lose a lot of money,
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and they believe civil forfeiture
is an effective crime-fighting tool.
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The trouble is, it's not.
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In June 2019, we released a study
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that found forfeiture does not
improve crime-fighting.
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And the report also found
that law enforcement agencies pursue
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more forfeiture money
during economic downturns.
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So when city and county budgets are tight,
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law enforcement will use
forfeiture to find the money.
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So it's no wonder then
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that law enforcement officials
predict a "criminal apocolypse" --
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(Laughter)
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if these reforms are adopted.
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But some states have
already implemented them,
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and we're pushing for reform
all across the country
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because until we reform forfeiture,
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this is something that could
happen to any of us.
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It can happen in the United States,
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it can happen in the United Kingdom,
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it can happen in countries
throughout the European Union
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and beyond.
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People like you and me
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and the Sourvellis'
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and Russ Caswell,
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just doing the everyday stuff of life,
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can be caught in a scheme
we never thought possible.
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It is time we end policing for profit
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once and for all.
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Thank you.
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(Applause and cheers)